RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060001240


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart, the Army
Commendation Medal, and a certificate of appreciation.  He requests that
items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 be
corrected to specialist four/pay grade E-4; and that item 8 (Place of
Birth) on his DD Form 214 be corrected to show Detroit, Michigan.  He also
requests all awards and decorations to which he is entitled.

2.  The applicant states he was wounded in Vietnam and earned the Purple
Heart which is not listed on his DD Form 214.  He also contends that he was
a specialist four and that he was born in Detroit, Michigan.

3.  The applicant provides two applications; orders and an award
certificate for the Purple Heart; a certificate of appreciation; orders,
citation, and an award certificate for the Army Commendation Medal; and a
copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
11 November 1969.  The applications submitted in this case are dated
10 January 2006 and 17 March 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s DD Form 398 (Statement of Personal History), dated
18 October 1967, shows his place of birth is Warren, Michigan.  Item 11
(Place of Birth) on his induction record shows the entry, “Detroit
Michigan”; however, the entry “Detroit” was crossed out and the entry,
“Warren” was handwritten in.  His DD Form 1584 (National Agency Check
Request), dated 17 November 1967, shows his place of birth is Warren,
Michigan.  Item 20 (Birthplace and Citizenship) on his DA Form 20 (Enlisted
Qualification Record) also shows he was born in Warren, Michigan.

4.  The applicant was inducted on 16 November 1967.  He arrived in Vietnam
on 13 November 1968.  He was assigned to Troop F, 17th Cavalry of the 196th
Infantry Brigade in Vietnam from 24 November 1968 through 2 May 1969.  He
was assigned to Troop H, 17th Cavalry of the 196th Infantry Brigade in
Vietnam from 3 May 1969 through 7 November 1969.  On 11 November 1969, the
applicant was released from active duty.  His separation orders show his
rank as specialist four.

5.  Item 5a on the applicant’s DD Form 214 shows the entry, “PFC (P)”
[private first class (permanent).  Item 5b on his DD Form 214 shows the
entry, “E-3.”  Item 8 on his DD Form 214 shows the entry, “Warner
Michigan.”  His DD Form 214 shows the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device
1960, the Armed Forces Expeditionary Medal (Korea), the Combat Infantryman
Badge, the Army Commendation Medal (ARCOM), two awards of the Overseas
Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

6.  Since the Army Commendation Medal is shown on the applicant’s DD Form
214, this portion of the applicant’s request will not be discussed further
in these Proceedings.  It is noted that the orders for the Army
Commendation Medal, dated 13 October 1969, show his rank as private first
class.

7.  Headquarters, Americal Division General Orders Number 6602, dated 18
July 1969, show the applicant received the Purple Heart for wounds received
in action on 16 July 1969 in Vietnam.  These orders show his rank as
specialist four.

8.  There are no orders in the applicant’s service personnel records which
show he was promoted to specialist four/pay grade E-4.  It appears that the
entry, “SP4 E-4 (T)” [specialist four, E-4, (temporary)] was erased from
item
33 (Appointments and Reductions) on the applicant’s DA Form 20.

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit (Troop F,
17th Cavalry) is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation (16 April 1969 to 28 August 1969) based on
Department of the Army General Orders Number 6, dated 1974,  and his unit
(Troop H, 17th Cavalry) is entitled to one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (24 August 1969 to 31 December
1969) based on Department of the Army General Orders Number 42, dated 1972.


11.  Army Regulation 635-5 (Separation Documents) provides instructions for
the preparation of the DD Form 214.  Certificates of achievement, letters
of appreciation, and similar documents are not recorded on the DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

13.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.

2.  Since certificates of achievement, letters of appreciation, and similar
documents are not recorded on the DD Form 214, there is no basis for
granting the applicant’s request to include a certificate of appreciation
on his DD Form 214.

3.  Although the applicant’s separation orders and the 18 July 1969 Purple
Heart orders show his rank as specialist four, there are no orders which
show he was promoted to specialist four prior to his release from active
duty.  In the absence of promotion orders or documents from the Defense
Finance and Accounting Service showing he was paid at separation as an E-4,
the documents which show his rank as specialist four are not sufficient as
a basis for amending his DD Form 214 to show his rank as specialist four.
Therefore, there is insufficient evidence on which to amend items 5a and 5b
on his DD Form 214.

4.  Although the applicant contends he was born in Detroit, Michigan, the
preponderance of evidence shows he was born in Warren, Michigan.
Therefore, there is insufficient evidence on which to amend item 8 on his
DD Form 214 to show he was born in Detroit, Michigan.

5.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.
6.  The applicant’s units (Troop F and Troop H, 17th Cavalry) were each
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
so he is entitled to wear one of those awards.  However, his DD Form 214
should be corrected to show two awards of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 11 November 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 10
November 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

CG____  _JG______  _PT_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his DD Form
214 to show he was awarded the Purple Heart, the Vietnam Service Medal with
four bronze service stars, and two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding a certificate of appreciation to his DD Form 214 and to the
amendment of items 5a, 5b, and 8 on his DD Form 214.


                            __Curtis Greenway___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001240                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |102.0200                                |
|3.                      |100.0800                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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